California Labor Code
Encyclopedia
The California Labor Code, more formally known as "the Labor Code" is a collection of civil law
statute
s for the State of California
. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction
of the State of California.
earners of California
, to improve their working conditions, and to advance their opportunities for profitable employment
.
that employees earn, hours they work, privileges and immunities of employees, agricultural labor relations
, employee's wages and working conditions, licensing of talent agencies, public works and public agencies, unemployment relief in public works
, car washes, health and sanitary conditions in employment, industrial homework, garment manufacturing, sheepherders and private attorneys general actions.
, the obligations of the employee, the inventions made by an employee, the termination of employment and investigations of employees.
interpreting this Division.
Pursuant to the procedures set forth in Part 4 of Division 4, California workers' compensation disputes are heard before the Workers Compensation Appeals Board (WCAB), which inherited the adjudicatory functions of the Industrial Accidents Commission. The IAC as originally created was far too small to hear all disputes directly, so it appointed referees who actually conducted hearings in its name, and then the IAC limited itself to hearing appeals from the decisions of those referees. Similarly, the WCAB today appoints workers' compensation judges who conduct hearings in its name in the hearing offices operated by the Division of Workers Compensation of the Department of Industrial Relations. The final orders of the workers' compensation judges by default become acts of the WCAB itself, unless a worker files a "petition for reconsideration" (in other words, appealing to the Board to reconsider the decision of the judge who acted on its behalf).
services and retrained for other positions in public service
.
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s for the State of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the State of California.
Division 1. Department of Industrial Relations
This Division discusses the role and parameters by which the Department of Industrial Relations operates. One of the functions of the Department of Industrial Relations is to foster, promote, and develop the welfare of the wageWage
A wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...
earners of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, to improve their working conditions, and to advance their opportunities for profitable employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
.
Division 2. Employment Regulation and Supervision
This Division regulates the compensationWage
A wage is a compensation, usually financial, received by workers in exchange for their labor.Compensation in terms of wages is given to workers and compensation in terms of salary is given to employees...
that employees earn, hours they work, privileges and immunities of employees, agricultural labor relations
California Agricultural Labor Relations Act
The California Agricultural Labor Relations Act is a landmark statute enacted by the state of California which became law on June 5, 1975, and which establishes collective bargaining for farmworkers in that state....
, employee's wages and working conditions, licensing of talent agencies, public works and public agencies, unemployment relief in public works
Public works
Public works are a broad category of projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community...
, car washes, health and sanitary conditions in employment, industrial homework, garment manufacturing, sheepherders and private attorneys general actions.
Division 3. Employment Relations
This Division regulates the relationship between the employer and employee, their employment contractEmployment contract
A contract of employment is a category of contract used in labour law to attribute right and responsibilities between parties to a bargain.On the one end stands an "employee" who is "employed" by an "employer". It has arisen out of the old master-servant law, used before the 20th century...
, the obligations of the employee, the inventions made by an employee, the termination of employment and investigations of employees.
Division 4. Workers' Compensation and Insurance
Division 4 (Sections 3200 to 6002) regulates worker's compensation for employees of private employers who are injured while on the job, as well as worker's compensation insurance. The interpretation of the sections in Division 4 has been heavily litigated between employers and employees, and thus, there is a substantial body of case lawCase law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
interpreting this Division.
Pursuant to the procedures set forth in Part 4 of Division 4, California workers' compensation disputes are heard before the Workers Compensation Appeals Board (WCAB), which inherited the adjudicatory functions of the Industrial Accidents Commission. The IAC as originally created was far too small to hear all disputes directly, so it appointed referees who actually conducted hearings in its name, and then the IAC limited itself to hearing appeals from the decisions of those referees. Similarly, the WCAB today appoints workers' compensation judges who conduct hearings in its name in the hearing offices operated by the Division of Workers Compensation of the Department of Industrial Relations. The final orders of the workers' compensation judges by default become acts of the WCAB itself, unless a worker files a "petition for reconsideration" (in other words, appealing to the Board to reconsider the decision of the judge who acted on its behalf).
Division 4.5. Workers' Compensation and Insurance: State Employees Not Otherwise Covered
This Division regulates state employee's worker's compensation should they get injured while on the job and worker's compensation insurance.Division 4.7. Retraining and Rehabilitation
This Division regulates the referral of injured state employees who may be benefited by rehabilitationPhysical therapy
Physical therapy , often abbreviated PT, is a health care profession. Physical therapy is concerned with identifying and maximizing quality of life and movement potential within the spheres of promotion, prevention, diagnosis, treatment/intervention,and rehabilitation...
services and retrained for other positions in public service
Public services
Public services is a term usually used to mean services provided by government to its citizens, either directly or by financing private provision of services. The term is associated with a social consensus that certain services should be available to all, regardless of income...
.